Landlord Submitted No Proof of IAIs

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that she was rent stabilized and had been overcharged. The court ruled for tenant in part. Landlord claimed that the apartment was vacancy deregulated in early 2009 based on individual apartment improvements (IAIs) made to the unit after prior tenant moved out. Although landlord's property manager testified at trial, he didn't recall specifics, and landlord didn't have documentation of the work performed. So landlord was unable to prove that the apartment rent was lawfully increased to exceed the deregulation threshold in 2009. But there was no proof of a fraudulent scheme to deregulate the apartment. Tenant's monthly rent never exceeded $1,134. This was the last rent amount registered with the DHCR in 2008, and there was no need to review pre-base date rent.

Ellwood Realty LLC v. Nakazwe: 61 Misc.3d 1225(A), 2018 NY Slip Op 51797(U) (Civ. Ct. NY; 11/28/18; Stoller, J)